Showing posts with label court. Show all posts
Showing posts with label court. Show all posts

Wednesday, November 7, 2012

Apple adds Android 4.1 Jelly Bean, Galaxy Note 10.1 to Samsung lawsuit

Apple is trying to add Android 4.1, Jelly Bean, and the Galaxy Note 10.1 to yet another patent infringement court case against Samsung in California.

Apple argued yesterday that Samsung’s Galaxy Note 10.1 tablet and the Android 4.1 Jelly Bean operating system infringe on its patents and should be added to an existing California lawsuit against Samsung.

Appearing in a federal court in San Jose, before U.S. Magistrate Judge Paul S. Grewal, Apple’s lawyers sought to expand the lawsuit against Samsung with additional patent infringement claims. This follows Samsung’s attempt to add patent infringement claims against the new iPhone 5 back on October 1.

The judge has not issued a ruling yet.

Most notable among Apple’s claims is the inclusion of Google’s Android 4.1 operating system, also known as Jelly Bean. Apple insisted that the Galaxy Nexus is the only phone with Jelly Bean that it is seeking to add to the patent complaint, for now. The implications of this are serious for Google and it’s the first time that Apple has included the Android platform specifically in its cases against Samsung.

It seems the Cupertino-based company is also now looking to add devices with a stylus, such as the Galaxy Note 10.1, and Apple’s attorney mentioned adding a further 17 devices that could use a stylus, but don’t ship with one.

This case is not scheduled for trial until 2014.

We will find a resolution to the highest profile case so far sooner than that. The jury verdict saw Apple awarded $1.05 billion in damages. As we reported before, Apple is seeking more money while Samsung is claiming juror misconduct. Those arguments will be heard in December and there will also be a decision on Apple’s attempt to get eight Samsung smartphones banned from sale in the U.S.

We’ll keep you posted on all the news about Judge Grewal’s decision and the December hearing as it breaks.


Source : http://www.digitaltrends.com/mobile/apple-adds-galaxy-note-10-1-and-android-4-1-jelly-bean-to-samsung-lawsuit/

Tuesday, November 6, 2012

Apple – Motorola lawsuit dismissed by US judge

Apple – Motorola lawsuit dismissed by US judge

Apple's ongoing battle with Motorola over patent licensing has been thrown out of court.

Apple has been maintaining that the rate requested for Motorola (and therefore now Google's since the search giant bought out the handset developer) is too high and wanted a court to order a lower rate.

But District Judge Barbara Crabb of the Wisconsin federal court ruled that she does not have the legal authority to make the claims.

That said, Apple is still pursuing the case against Googorola in other US regions, with court dates set for next year to make sure it isn't liable to pay damages on devices with featuring Qualcomm technology, which uses Motorola patents in its designs.

No Crabb-Apples this Christmas

The case being dismissed in Wisconsin is a blow to Apple however, as it was looking to force down the price Motorola is asking to use its essential technology – the company previously said it wouldn't pay more than $1 per handset.

Google, unsurprisingly, issued a statement filled with understated legal glee at the dismissal, claiming that it has always offered what it considers to be a fair price to Apple for the patents.

The bad news for the consumer is that there's no notion of these constant patent wars being settled as the battles continue to play out over many territories and over a number of issues.

The upshot could be higher handset prices, especially in the Android camp, as the likes of Microsoft and Apple attack the OS – hence the reason Google is so intent on leveraging the core assets it has, many of which live within the newly-acquired Motorola stable.


Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/apple-motorola-lawsuit-dismissed-by-us-judge-1110381

Thursday, October 18, 2012

Apple filings for AirPlay Mirroring, Siri land in U.S. patent office

Apple filings for AirPlay Mirroring, Siri land in U.S. patent office
Siri's understanding of context is the subject of a new Apple patent

Even as Apple works to defend existing technology patents in court, the iPhone maker continues to shore up its arsenal with a pair of new applications protecting AirPlay Mirroring and Siri.

CNET reported on Thursday that Apple filed new patent applications with the U.S. Patent and Trademark Office (USPTO) aimed at keeping two of the company's key iOS technologies safe from copycats.

AirPlay Mirroring is covered in the first new patent titled, "Gesture Visualization and Sharing Between Electronic Devices and Remote Displays," with a focus on how one touchscreen-enabled device - in this case, an iPhone, iPod touch or iPad - can replicate its picture and sound to a second display, such as an Apple TV.

The patent appears to cover only the implementation of AirPlay Mirroring on iOS devices, although OS X Mountain Lion now allows the feature to also be used from a Mac, but that use does not appear to be covered with this filing.

Siri in context

The second patent offers additional protection for Siri, the virtual assistant feature first introduced a year ago with the iPhone 4S and finally brought to the third-generation iPad with iOS 6.

Although the primary technology behind Siri was filed with the USPTO several weeks ago, the new application titled, "Using Context Information to Facilitate Processing of Commands In A Virtual Assistant," adds additional protection for how Siri understands what the user is trying to request.

According to Patently Apple, Siri processes context clues, which "helps to clarify the user's intent and to reduce the number of candidate interpretations of the user's input, and reduces the need for the user to provide excessive clarification input."

The additional patent offers further detail into how Siri uses available search, database, dialog history and more to put a user's request into context.

Although Apple files many patent applications that never see the light of day, the latest pair cover technology already in use with iOS devices.


Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/apple-filings-for-airplay-mirroring-siri-land-in-u-s-patent-office-1105370

Apple loses appeal in UK courts, still has to publicly state Samsung did not copy the iPad

After losing in court to Samsung in the UK this July, Apple was ordered to publicly state its rival didn't copy the iPad. It appealed the verdict, but the decision was upheld in court today, meaning Apple's punishment stands.

Back in July, Apple lost a court battle in the UK to ban the sale of Samsung’s Galaxy Tab family of tablets, which it claimed infringed on its design patents. Judge Colin Briss took a dim view of Apple dragging Samsung’s name through the legal mud, and came up with a novel and particularly embarrassing punishment for the Cupertino company.

It was ordered to take out an advertisement in a selection of publications apologizing to Samsung, and stating that it did not copy the design of the iPad after all. Feasting on national humble pie was the least of Apple’s problems though, as the same apology would also have to appear on Apple’s own website, and it would have to stay there for six months.

The advert would also appear in the Financial Times, The Daily Mail and The Guardian newspapers, plus Mobile Magazine and T3 Magazine, all before page 6 and within 7 days of the decision. The Arial font size could be no smaller than 14pt, while on its website, 11pt would suffice, but it would also have to include a link to the judgment.

Apple appealed on the grounds that this would involve “public groveling,” and would interfere with the layout and design of its website, something it called “an important marketing tool.” A hearing was set for today, October 18, and the order was put on hold.

Decision upheld

Sadly for Apple, the decision and punishment has been upheld, however there have been a few changes. Looking through the official court document, you can see the original wording of the advert is suggested in section 64, which has now been amended in section 87. Apple’s statement must read:

“On 9th July 2012 the High Court of Justice of England and Wales ruled that Samsung Electronic (UK) Limited’s Galaxy Tablet Computers, namely the Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 do not infringe Apple’s registered design No. 0000181607-0001. A copy of the full judgment of the High court is available on the following link. That Judgment has effect throughout the European Union and was upheld by the Court of Appeal. A copy of the Court of Appeal’s judgment is available on the following link. There is no injunction in respect of the registered design in force anywhere in Europe.”

The order still applies to the newspapers and magazines, but the length of time the page must appear on Apple’s website has been reduced to a month. It’s also acceptable for Apple to hide the page away, and simply provide a link titled Samsung/Apple UK Judgment on the homepage.

Samsung told CNET UK that it welcomes the court’s decision, as it reaffirms its position “that our Galaxy Tab products do no infringe on Apple’s registered design right,” and that it “continues to believe” that Apple isn’t the “first to design a tablet with a rectangular shape and rounded corners.”

We’re waiting Apple…


Source : http://www.digitaltrends.com/mobile/apple-to-publicly-state-samsung-did-not-copy-the-ipad/

Thursday, October 11, 2012

Samsung Galaxy Nexus US injunction gets reversed

The injunction banning the sale of the Samsung Galaxy Nexus in the United States has been reversed by US appeals court. According to the decision, Apple could not present sufficient evidence, relating consumer demand for the Android smartphone to its universal search patent.



The injunction, banning the sale of the device was awarded to Apple back in June. The patent case itself was initiated in February.

Here goes Samsung's official statement on the matter:

"We welcome this reversal by the Federal Circuit, finding that the District Court abused its discretion in ordering a preliminary injunction against the Galaxy Nexus. Today's decision confirms that the role of patent law is to protect innovation and not to unreasonably stifle competition and restrict consumer choice. We will continue to take all appropriate measures to ensure the availability of our innovative products."

Source | Via


Source : http://www.gsmarena.com/samsung_galaxy_nexus_us_injunction_gets_reversed_-news-4935.php

Microsoft brings Motorola, Google to German court over Maps

Microsoft brings Motorola, Google to German court over Maps
Microsoft drags Motorola back into German courts today

Microsoft is readying itself for the next round of court battles, as it fires off another patent lawsuit aimed at Motorola and its owner, Google.

This marks a return to German courts today, where Microsoft now claims Motorola infringed on patents involving Google Maps overlaying multiple map data.

The case could not only affect Motorola's phones in Germany, but how its people use Google Maps as well.

The lawsuit claims the Razr maker violated a patent for taking one set of map data and overlaying it with another set of map information. For example, overlaying data of street geography with information about what businesses are on that street.

Tough case for Motorola?

All digital maps overlay multiple sets of data now-a-days, so Google and Motorola will have a hard time circumventing the patent if they lose.

However, the beginning rounds of this court case did produce a bit of surprise. At today's hearing, Microsoft announced it will add Google to the list of defendants in the case. This is the first time Google is directly involved in the Microsoft/Motorola matter.

Microsoft usually fights its patent battles with proxy companies like Motorola. So the case presents a unique opportunity to watch the two tech giants duke it out in the same patent lawsuit.

Wheels, deals and court battles

Motorola is one of the few Android makers who doesn't pay a licensing fee to Microsoft for the mobile OS, unlike HTC and Samsung. Meanwhile, Microsoft takes a cut on half of all Android phones sold.

This is just the latest round of court skirmishes between the two companies. Microsoft has won three cases resulting in German sales bans of Motorola smartphones including the Droid Razr, Droid Razr Maxx and the Motorola Atrix.

What's more, the German court ruled Motorola infringed on patents involving a FAT file system, a SMS patent and one that described a method of handling communication between the keyboard and applications.

But, Motorola was cleared last week in a case involving a radio interface patent.

We'll see how this case affects the Motorola vs Microsoft scoreboard as the Germans mull over multiple map issues.


Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/microsoft-brings-motorola-google-to-german-court-over-maps-1103832

Tuesday, October 2, 2012

Samsung adds iPhone 5 to eight patent complaints

Samsung adds iPhone 5 to eight patent complaints
Lying down on the job again, eh Apple?

Samsung's latest court-based pot shot at Apple adds the iPhone 5 to an ever-growing list Apple devices that it reckons use Samsung-invented tech.

The iPhone 5 features in eight of Samsung's complaints; six of them are relating to utilities and the other two are to do with the UMTS 3G standard.

Samsung filed the claims in September 18 after it checked out the new iPhone, and reckons it uses the same internal allegedly patent-infringing tech to function as previous iterations.

Statement time

"The iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation.

"We have little choice but to take the steps necessary to protect our innovations and intellectual property rights," said Samsung.

While it's been a red-letter year for tech patent lawsuit fans, they're now in for a bit of a dry spell.

Nothing will happen in this particular Samsung-Apple-smackdown until July and August 2013 as both sides amass evidence and busy themselves behind the scenes.


Source : http://www.techradar.com/news/phone-and-communications/mobile-phones/samsung-adds-iphone-5-to-eight-patent-complaints-1101210